Council Regulation (EC) No 1356/2007 of 19 November 2007 amending Regulation (EC) No 1425/2006 imposing a definitive anti-dumping duty on imports of certain plastic sacks and bags originating in the People’s Republic of China and Thailand, and terminating the proceeding on imports of certain plastic sacks and bags originating in Malaysia
Date: 2007-11-19
Institutions: Council of the European Union
Subjects: China, Malaysia, Thailand, anti-dumping duty, import, originating product, packaging product, plastics

22.11.2007

EN

Official Journal of the European Union

L 304/5

COUNCIL REGULATION (EC) No 1356/2007

of 19 November 2007

amending Regulation (EC) No 1425/2006 imposing a definitive anti-dumping duty on imports of
certain plastic sacks and bags originating in the People’s Republic of China and Thailand, and
terminating the proceeding on imports of certain plastic sacks and bags originating in Malaysia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/1996 of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (1)
(the
basic Regulation),

Having
regard
1425/2006 (2),

to Article

2

of Regulation

(EC) No

Having regard to the proposal submitted by the Commission
after consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1)

and

(TARIC

(TARIC

CN codes

ex 3923 21 00

ex 3923 29 10

ex 3923 29 90

By Regulation (EC) No 1425/2006 the Council imposed
a definitive anti-dumping duty on imports into the
Community of certain plastic sacks and bags falling
code
within
code
3923 21 00 20),
3923 29 10 20)
(TARIC code
3923 29 90 20), originating in the People’s Republic of
China (PRC) and Thailand. Given the large number of
cooperating parties, a sample of Chinese and Thai
exporting producers was selected and individual duty
rates ranging from 4,8 % to 14,3 % were imposed on
the companies included in the sample, while other coop-
erating companies not
included in the sample were
attributed a duty rate of 8,4 % for the PRC and 7,9 %
for Thailand. Duty rates of 28,8 % for the PRC and
14,3 % for Thailand were
imposed on companies
which either did not make themselves known or did
not cooperate with the investigation.

(2)

Article 2 of Regulation (EC) No 1425/2006 stipulates
that where any new exporting producer in the PRC or
Thailand provides sufficient evidence to the Commission
that:

(i) it did not export to the Community the products
described in Article 1(1) of that Regulation during
the investigation period (1 April 2004 to 31 March
2005) (the first criterion);

(ii) it is not related to any of the exporters or producers
in the PRC or Thailand which are subject to the anti-
dumping measures imposed by that Regulation (the
second criterion); and

(iii) it has actually exported to the Community the
products concerned after the investigation period
on which the measures are based, or it has entered
into an irrevocable contractual obligation to export a
significant quantity to the Community (the third
criterion).

Article 1 of that Regulation may be amended by granting
the new exporting producer the duty rate applicable to
the cooperating companies not included in the sample,
i.e. 8,4 % for Chinese companies and 7,9 % for Thai
companies.

B. NEW EXPORTING PRODUCERS’ REQUESTS

Nine companies (six Chinese and three Thai) have applied
to be granted the same treatment as the companies coop-
erating in the original investigation not included in the
sample (new exporting producer treatment).

to determine
An examination has been carried out
whether
the criteria for being
fulfil
granted new exporting producer treatment as set out in
Article 2 of Regulation (EC) No 1425/2006, by verifying:

the applicants

(3)

(4)

— that

they did not export

to the Community the
products described in Article 1(1) of that Regulation
during the investigation period (1 April 2004 to 31
March 2005),

— that they are not related to any of the exporters or
producers in the PRC or Thailand which are subject
to the anti-dumping measures imposed by that Regu-
lation, and

— that they have actually exported to the Community
the products concerned after the investigation period
on which the measures are based, or they have
entered into an irrevocable contractual obligation to
export a significant quantity to the Community.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 270, 29.9.2006, p. 4.

(5)

An application form was sent to all nine applicants who
were also asked to supply evidence to demonstrate that
they meet the three criteria mentioned above.

L 304/6

EN

Official Journal of the European Union

22.11.2007

(6)

(7)

(8)

(9)

Companies fulfilling these three criteria may be granted
the duty rate applicable to the cooperating companies
not
i.e. 8,4 % for Chinese
companies and 7,9 % for Thai companies, by amending
the Annexes I and II of Regulation (EC) No 1425/2006.

included in the sample,

Four companies (two Chinese and two Thai) requesting
new exporting producer treatment did not reply to the
submitted application form. It was therefore not possible
to verify whether these companies fulfilled the criteria set
out in Article 2 of Regulation (EC) No 1425/2006, and
their request had to be rejected.

Two companies returned information which was found
to be incomplete. It was therefore not possible to verify
whether these companies fulfilled the criteria set out in
Article 2 of Regulation (EC) No 1425/2006, and their
request had to be rejected.

is

One Chinese company was found to be related to a
company which
anti-dumping
subject
measures imposed by Regulation (EC) No 1425/2006
and its application for exporting producer
treatment
the criteria
was therefore rejected as it
listed above.

failed one of

the

to

(10) One other Chinese company’s application was rejected
because it does not have its own production facility
considered to be an
and could therefore not be
exporting producer.

(11)

it

The evidence provided by the remaining exporting
producer (a Thai company)
is considered sufficient to
the duty rate applicable to the cooperating
grant
companies not included in the sample (i.e. 7,9 % for
Thai companies) and consequently to add it to the list
of exporting producers in Annex II (the Annex) to Regu-
lation (EC) No 1425/2006.

(12)

The applicants who cooperated and the Community
industry have been informed of the findings of the exa-
mination and have had the opportunity to submit their
comments.

(13) All arguments and submissions made by interested
parties were analysed and duly taken into account
where warranted.

C. CLARIFICATION AND CORRECTION

(14)

It has been brought to the attention of the Commission’s
services that the terminology ‘thickness of a bag’ could
cause confusion during the customs clearance process. It
has therefore been decided to use this Regulation to
clarify this issue, as well as to correct an incorrect
reference in Article 2 of Regulation (EC) No 1425/2006,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1425/2006 is hereby amended as follows:

(i) Article 1(1) shall be replaced by the following:

‘Article 1

1.
Definitive anti-dumping duties are hereby imposed on
imports of plastic sacks and bags, containing at least 20 %
by weight of polyethylene and of sheeting of a thickness
not exceeding 100 micrometres (μm) originating in the
People’s Republic of China and Thailand; and falling
ex 3923 29 10 and
ex 3923 21 00,
within CN codes
ex 3923 29 90
3923 21 00 20,
codes
(TARIC
3923 29 10 20 and 3923 29 90 20).’;

(ii) in Article 2: ‘… may amend Article 1(3)’,

shall read: ‘… may amend Article 1(2)’;

(iii) in Annex II the following company shall be inserted in the
list of producers from Thailand after ‘K. INTERNATIONAL
PACKAGING CO., LTD’:

Company

City

‘POLY PLAST (THAILAND) CO., LTD

Samutsakorn’

Article 2

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 November 2007.

For the Council
The President

L. AMADO